Madhya Pradesh Court May 1999 Judgments
Pandit Ram Prasad Purohit Vs. State Transport Appellate Tribunal and o ...
Court: Madhya Pradesh
Decided on: May-27-1999
Reported in: 1999(2)MPLJ388
ORDERS.P. Srivastava, J.1. Heard Shri J.P. Gupta, Sr. Advocate with Shri Tapan Trivedi, learned counsel for the petitioner as well as shri D. V. Nigudkar, learned counsel representing the contesting respondent No.3Perused the record.Taking into consideration the facts and circumstances of the case with the consent of the learned counsel for the parties, this writ petition is being disposed of finally at this stage.The relevant facts as they emerge from the record indicate that the respondent No. 3 had moved an application for a permanent permit for operating its stage carriage on the route in question which had been rejected vide the order dated 5-6-1996 whereafter it had applied for a temporary permit for plying its stage carriage on the same route. This temporary permit had been granted for the period 1-4-1999 to 31-5-1999.2. The petitioner had also moved an application for temporary permit for plying the stage carriage on the same route which has been refused under the impugned orde...
Tag this Judgment!Smt. Shamina Begum and ors. Vs. Rajendra Waghmare and anr.
Court: Madhya Pradesh
Decided on: May-14-1999
Reported in: 2001ACJ377; AIR2000MP22
Fakhruddin, J. 1. This appeal has been preferred by the claimants against an order dated 10-3-1998, passed by the Motor Accidents Claims Tribunal, Gwalior (Third Additional District Judge, Gwalior (for short, the Tribunal'), whereby the Tribunal has rejected their application under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act').2. The facts are that Indu Khan was driver of vehicle No. CIH 7681. While he was driving the truck, it met with an accident in which Indu Khan died. The claimants who are the legal representatives of deceased Indu Khan made a claim for compensation under Section 166 of the Act. Along with this claim an application for compensation under Section 140 of the Act was also made before the Tribunal. While considering this application, the Tribunal has arrived at the findings that the deceased himself was driving the vehicle and it was due to his rash and negligent driving that the accident took place in which he died. On these findi...
Tag this Judgment!Rajesh Vs. Smt. Rukmani
Court: Madhya Pradesh
Decided on: May-14-1999
Reported in: AIR2000MP227; I(2000)DMC526
Shambhoo Singh, J. 1. This L.P.A. is directed against the judgment passed by learned single Judge on 28-11-1997 in F. A. No. 190/1996 whereby the judgment & decree dated 7-8-1996 passed by 9th Additional Judge to the Court of District Judge in Hindu Marriage Case No. 833/91, was confirmed.2. It is not in dispute that on 29-4-1956 the appellant married the respondent at Indore according to Hindu rites and a son named Apurva was born as a result of this wedlock. Since 1963 the spouses are living separately. The respondent wife was living with her son Apurva aged 39 years at her parent's house.3. On 11-10-1991, the appellant filed petition Under Section 13(1)(1-a) of the Hindu Marriage Act, 1955 (For short 'the Act') for grant of decree of divorce on the ground that the respondent wife has deserted the petitioner for a continuous period of more than two years. The respondent resisted the case and averred that she never deserted the appellant; on the contrary she was ever willing to cohabi...
Tag this Judgment!C.P. Tripathi and 2 ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: May-14-1999
Reported in: I(2000)DMC257
ORDERUsha Shukla, J. 1. Rashmi Tripathi was the wife of applicant No. 3 Manoj Kumar. The other two applicants are his parents. Rashmi died of burn injuries 13 months after her marriage. VIIth Additional Sessions Judge, Jabalpur has framed a charge under Section 303 of the Indian Penal Code, in the alternative Section 304B, in the alternative Section 306 of the Indian Penal Code. A charge under Section 498A of the Indian Penal Code has also been framed. It is contended on behalf of the applicants that there was no material on record to frame any of these charges which should, therefore, be quashed.2. Having heard Counsel for both sides and having gone through the documents on record this Court is of the opinion that the charge does not suffer from any illegality. The parents and brother of the deceased have spoken in detail about the dowry demand and harassment of the deceased Rashmi in her matrimonial home. She died of burn injuries in suspicious circumstances. Her body was almost roas...
Tag this Judgment!Basanta and 4 ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: May-14-1999
Reported in: I(2000)DMC293
ORDERUsha Shukla, J. 1. Nidhi Agrawal was the wife of Mohanlal Agrawal applicant No. 3. She committed suicide in July, 1997, two years after her marriage. Vlth Additional Sessions Judge, Durg framed a charge under Section 306 of the Indian Penal Code against the applicants, who are her husband, mother-in-law, sister-in-law and brother-in-law. An alternative charge under Section 304B of the Indian Penal Code was also framed against applicants No. 2 and 3 who are sister-in-law and husband of the deceased.2. It is argued on behalf of the applicants that after the deceased had set herself on fire, she had made a dying declaration in the hospital in which she had stated that her relations with her in-laws were good. In her statement under Section 161 of the Code of Criminal Procedure recorded on the same day also there are no allegations against any of the applicants. Hence there was no ground for framing a charge against any of the applicants.3. We have heard Counsel for both sides and hav...
Tag this Judgment!Mohd. Akhtar S/O Mohd. Ikbal and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-14-1999
Reported in: 1999(2)MPLJ525
S.P. Khare, J.1. Appellants Mohammad Akhtar and Mohammad Ali Naved have been convicted under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as the Act) and have been sentenced to rigorous imprisonment for 10 years and fine of Rs. 1,00,000/- each. In default of payment of fine, they have been sentenced to rigorous imprisonment for two years each.2. It is not in dispute that Fiat Car B.L.O. 149 was passing through Bijawar check post on 4-10-1992 at 2 a.m. It was intercepted and checked. Appellants Mohammad Akhtar and Mohammad AH Naved were inside this car. There was a lady and children also in this car. This car was coming from Bihar and it was going to Bombay.3. The prosecution case is that on search of the diggi of this car, a tin box was found. That tin box contained 10 kgs of Charas wrapped in a piece of cloth. Charas was seized as per seizure memo Ex. P-l. There were certain other articles and the registration certificate...
Tag this Judgment!Amarsingh S/O Madhavsingh Raghuvanshi Vs. Rajesh S/O Bhagirath and ors ...
Court: Madhya Pradesh
Decided on: May-14-1999
Reported in: 2001ACJ1003; 1999(2)MPLJ482
ORDERJ.G. Chitre, J.1. Shri M.S. Chouhan, counsel for the petitioner. Shri P.K. Gupta, counsel for Insurance Company/Respondent No. 3, which was the contesting party in respect of said claim in context with an accident took place by use of a motor vehicle.The matter is finally decided at this stage with the consent and desire of advocates appearing for contesting parties as this aspect is connected with speedy disposal of the claims which are being tried by M.A.C.T. and which are placed before Lok Adalat.2. In the present matter the petitioner had filed a claim for getting compensation on account of injury sustained by the use of a motor vehicle. The claim petition was laid before Lok Adalat for speedy disposal keeping in view the benevolent spirit of the enactment. The petitioner and opponent No. 3 amicably settled the dispute in Lok Adalat and an award was passed. After said award was passed the petitioner moved an application, for the purpose of getting the entire amount of the awar...
Tag this Judgment!Mohammad Akhtar and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-14-1999
Reported in: 1999CriLJ3779
ORDERS.P. Khare, J.1. Appellants Mohammad Akhtar and Mohammad Ali Naved have been convicted under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as the Act) and have been sentenced to rigorous imprisonment for 10 years and fine of Rs. 1,00,000/- each. In default of payment of fine, they have been sentenced to rigorous imprisonment for two years each.2. It is not in dispute that Fiat Car B.L.0.149 was passing through Bijawar check post on 4-10-1992 at 2 a.m. It was intercepted and checked. Appellants Mohammad Akhtar and Mohammad Ali Naved were inside this car. There was a lady and children also in this car. This car was coming from Bihar and it was going to Bombay.3. The prosecution case is that on search of the dickey of this car, a tin box was found. That tin box contained 10 kgs of charas wrapped in a piece of cloth. Charas was seized as per seizure memo Ex. P.-1. There were certain other articles and the registration cert...
Tag this Judgment!Ramjan Alias Ramjoo Vs. Madhya Pradesh State Road Transport Corporatio ...
Court: Madhya Pradesh
Decided on: May-14-1999
Reported in: II(2000)ACC212; 2000ACJ108
N.K. Jain, J.1. By the order impugned, the 5th M.A.C. Tribunal, Indore, has rejected appellant/claimant's application under Section 140 of the Motor Vehicles Act for interim compensation.2. The Tribunal below has held that there is no prima facie evidence to establish that the appellant has suffered any permanent disability in the accident in question. However, as per medical certificates filed in the case, it is clear that he has suffered four fractures in his right hand. The doctor has opined that the working capacity of the hand was permanently reduced by 60 per cent.3. The Tribunal below, in my opinion, misconstrued the provision of Section 142 of the Act and probably expected that in order to constitute permanent disability there ought to be total loss of the limb of the claimant. A perusal of Section 142, clause (b) of the Act would, however, reveal that in order to constitute permanent disability, it was sufficient to show that the power of the limb was permanently impaired. In ...
Tag this Judgment!Banwari Lal Vs. Satish Kumar and ors.
Court: Madhya Pradesh
Decided on: May-14-1999
Reported in: 2000ACJ1100
Fakhruddin, J.1. The appellant has preferred this appeal under Section 173 of the Motor Vehicles Act against the award dated 6.4.1998, passed by 8th Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 47 of 1997, rejecting the application filed under Section 140 of the Motor Vehicles Act for grant of 'no fault liability'.2. The facts of the case are that on 16.6.1997, at about 10.30 in the night while the appellant was standing with his family members, i.e., his wife Reeta Devi, daughter Sharda and son Diwan near the side of the road for going to his house on a scooter, from Basant Talkies to Morar, at that time from the Morar side a jeep bearing registration No. MPO-7/E, rashly and negligently driven by respondent No. 1 Satish Kumar, owned by respondent No. 2 Harcharan and insured with respondent No. 3, came and dashed as a result of which the appellant, his wife and daughter sustained serious injuries.3. The injured persons were immediately admitted to the Casualty Department ...
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